57. [ Procedure when person un-lawfully occupies unoccupied land or uses land without title. [Amended by Act No.IV of 1345 F.]
(1)If any person unlawfully occupies any unoccupied khalsa land or so uses or occupies any land which has been set apart for any special purposes, to the use or occupation of which under this Act he is not entitled or in respect of which his right of use or occupation has extinguished shall,-(a)if the land which he has unlawfully occupied or used without title or has retained in his possession forms part of a number which has been assessed for land revenue, pay the land revenue of the entire number for the whole period of unlawful occupation or use; and(b)if such land has not been assessed for land revenue, pay so much amount of land revenue as would be recoverable in the same village for similar land according to the area of occupied land, period of occupation and the nature of use; and(c)if the land has been used for agricultural purposes he shall at the discretion of the [*] [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] [*] [Amended by Act No.III of 1355 F.], pay in addition to the land revenue provided in clause (a) or (b) a fine which may extend to ten times the annual land revenue of the said land recoverable from him. Provided the ten times amount is not less than five rupees otherwise the maximum amount of fine may extend to five rupees and if the land has been used for non-agricultural purposes the maximum amount of fine shall extend to the amount as the Government may by rules fix from time to time.(2)In case of every occupation or unlawful use the decision of the [*] [Amended by Act No.III of 1355 F.] [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] [*] [Amended by Act No.III of 1355 F.] as to the assessment of land revenue shall be conclusive and for the purposes of assessment of land revenue occupation for a portion of a year shall be deemed to be an occupation for a whole year.(3)The [*] [Amended by Act No.III of 1355 F.] [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] [*] [Amended by Act No.III of 1355 F.] may summarily evict from land any person having unlawful occupation or use and attach the crop raised on such land. Similarly if any building or construction of any kind is erected on such land, the [*] [Amended by Act No.III of 1355 F.] [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] [*] [Amended by Act No.III of 1355 F.] shall have power to grant reasonable opportunity (which shall not be less than one month) and give to the land holder an order in writing to remove such building or construction from the land. If the holder does not comply with the order within the period fixed the [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] at its expiry shall have authority to attach such building or construction or to summarily demolish and remove it from the land.(4)After the property is attached by the order of the [*] [Amended by Act No.III of 1355 F.] [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] [*] [Amended by Act No.III of 1355 F.] the attached property shall be managed according to his discretion, and if there be any encroachments on such property, the cost incurred in removing them under the provisions of this section shall be recoverable from the unlawful occupier or the person who has unlawfully used it, as the case may be, as an arrear of land revenue.]
